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Will a judge grant visitation to my wifes home if I have a protection order against her boyfriend and its his home

Fallon, NV |

Im filing my amendment to complaint for divorce. He is on probation for drug related issues. The children are not stated in the TPO just my residence. Kids are in my care she only calls them once a day, does not see them. She provides no financial support. I have day to day documentation of her contact and financial support in a word document, 5 police reports stating her being aggressive to me during civil standbys. I had to take 2 months off work to take care of the children so I amended my financial declaration to no income. All my bills are paid in full till I go back to work after the case management conference. Im filing my Motion to amend Financial and Complaint for divorce tomorrow. I have compiled a vast array day to day documentation.

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Attorney answers 3

Posted

There are additional facts that are necessary to be able to fully answer your question. The Court only has jurisdiction over you, your wife and children. The Court can inquire regarding Mom's living situation and take that into consideration when granting visitation. The Protection Order regarding Mom's boyfriend presumes you need protection which may not mean there is a threat of violence regarding the children; it is likely, the Court could adequately protect you through we'll crafted Orders that limit or restrict your contact with Mom's boyfriend. Thus, the Court may permit contact between the children and Mom at her house. Custody disputes are very fact intensive, you should consult with an attorney who focuses primarily in the area of family law to make sure you are getting the best protection for yourself and the children. The comments regarding the Financial Disclosure and taking time off work are concerning because the Court will be very suspect of any changes in the financial income stream and you better have independent proof of why you needed such a long time off without income, the Court can hold changes against you during litigation.

If the Motion is necessary, you must show that you have tried to gain cooperation pursuant to Eighth Judicial Court Rule 5.11. If you cannot gain cooperation, file the Motion for Leave of Court to Amend the Complaint. You do not need to file to amend the Financial Disclosure Form because the rules require you to update it within 10 days of any change; so, just file a new Financial Disclosure Form.

Posted

You are playing a VERY dangerous game. Do not amend your financial declaration when you are clearly planning on returning to work right after the CMC. It is obvious you have income, or your bills would not be paid. Playing games like that only makes the judge angry, and damages your credibility in regard to the claims you are making against your wife and her boyfriend. Play it straight, and keep it simple. Most likely you do not need to amend your complaint either. Your "day to day" documentation is of virtually no use to the court at this point in time, and reflects that you may be wasting your energy getting bogged down with irrelevant stuff. Your post has a lot of anger in it, and that is not going to help you either. Your best course of action is to consult with an attorney who is familiar with how cases are handled in the court where your case is pending. Should you fail to do this before you go to court, you are likely facing some nasty surprises when you get to court. Your wife will be awarded visitation. It is merely a question of how much time she gets, and where it will take place. If she is able to successfully claim that you have kept the children from her, and that she is capable of caring for them (as it seems she was the primary caretaker in the past, since you had to completely stop working in order to take care of the children, rather than simply putting them in daycare or finding alternative child care), she may even get joint physical custody. If you want to maintain your primary physical custody status, you need a very clear plan as to how the children will be cared for when you go back to work, and be able to explain how that plan is better than having the children spend that time with their mother.

Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.

Asker

Posted

Im sorry it was 3 in the morning when I posted this. The situation why I had to come home and not go back to work is because she moved out and left the children with me. We tried to live in the same household together and work it out from there. But in the span of three days she moved out and seldom wants to see the children anymore. Thats where my frustration comes from. Every time I am in contact with her I ask her when she will sit down with me and work on manageable visitation for ex.. Phone, Physical or video until our conference. She has made no attempt to come see the children since. And I wont file my Financial disclosure form amendment my initial amendment stated I was unemployed I just had some errors in it. And my initial Complaint for divorce had some bith date errors and I atatched an Exhibit to the visitation schedule so that it is more detailed to the childrens schooling and more equal to the parents. I want her to see our children. But she lost all of her parental rights to her former child from a past marriage and I don't want her to do the same to us and abandon us. I am not asking any money or sole custody I want joint legal as well. But I also have a suspicion of drug use that's why i'm worried about the children being in his home. He has violated probation twice for urinalysis test 2 times in the past month.

Jill K. Whitbeck

Jill K. Whitbeck

Posted

It is not up to you to decide what your wife will do. She has a history of walking out an leaving her children behind. Looks like she is doing it again. Stop trying to do what is best for her, and begin living your life just for yourself and for your children, as if she isn't around -- because she isn't. You should be able to have her visitation orders require that her boyfriend not be present when she has the children.

Posted

My colleagues are correct. The facts as you've presented them suggest you could be found by the court to be playing games with your FDF, and if your children are not specifically included in the TPO, then there is no reason to think mom's boyfriend's TPO against you will prevent visitation. The court is going to be mainly interested with the best interests of the children, so that should be your focus. You would do well to sit down with an attorney to figure out how to repair the damage done so far and properly advise you as to your next steps.

Keith Pickard

Keith Pickard

Posted

Sorry, that should have been ". . . your TPO against mom's boyfriend. . ."

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